Terms and Conditions
1. No claims or credits will be recognised unless received within 24 hours of date of delivery.
Returns will only be accepted subject to approval by a duly authorised officer of Crepe Café Franchising Pty Ltd.
2. Crepe Café Franchising P ty Ltd accepts no responsibility for any loss suffered by the customer including loss of profits or business as a result
of it being unable to supply any goods the subject of an order accepted by Crepe Café Franchising Pty Ltd
3. Prices quoted include delivery unless otherwise specified.
4. Crepe Café Franchising Pty Ltd re serves th e right to vary price increases without prio r notice.
5. A credit application must be completed and approved in writing by Crepe Café Franchising P ty Ltd before goods will be supplied on credit.
6. Trading on a credit account will be immediately suspended if the invoices issued are not paid within 7 days of “Invoice Payment Due Date”.
7. (Title of the Goods) - It is agreed that:
(b) At any time before payment in full is received, Crepe Café Franchising Pty Ltd may retake possession of the goods and for that purpose the customer hereby irrevocably grants Crepe Café Fran chising Pty Ltd leave and licence by its officers and agents (without the necessity of giving any n otice) to enter into and upon any building occupied by the customer where the goods may be or m ay besupposed to be, carry out a stocktake and remove and take possession of the goods without being liable to the customer or anyone claiming under the customer for so doing;
(c) Such sale shall be by customer as agent for Crepe Café Franchising P ty Ltd but the customer shall not represent to third parties that it represents Crepe Café Franc hising Pty Ltd shall accept no liability under contracts with third parties to which the buyer is a party;
(d) The goods are at the customer’s risk from the date of delivery, such passing of which shall not derogate from the reservation of title expression in sub-paragraphs (a), (b) and (c) of this clause;
(e) On retaking possession of the goods Crepe Café Franchising Pty Ltd may elect to refund to the customer any part payment that ma y have been made and to credit the customer’s account with the value of the goods less any charge for recovery of the goods;
(f) The customer agrees to insure all such goods until Crepe Café Franchising Pty Ltd has been paid in full.
8. Crepe Café Franchising Pty Ltd and the customer hereby agree that the agreement will be governed by the laws of Queensland
9. The customer agrees to the following:
(ii) The customer agrees to promptly reimburse Crepe Café Franchising Pty Ltd for all the costs associated with the collection of all amounts due and owing to Crepe Café Franchising Pty Ltd beyond 7 days of “Invoice Payment Due Date”.
(iii) The customer agrees to pay Crepe Café Franchising Pty Ltd an administration fee of 10% per annum of the gross value of all invoices which remain unpaid 7 days beyond the”Invoice Payment Due Date”
10. If we enter your premises to make deliveries, you release us from claims for damage to the premises or personal injury. You also indemnify us if we suffer loss relating to damage to third party’s premises or personal injury in making deliveries to you.
11. Notwithstanding any other provision of these Conditions, Crepe Café Franchising Pty Ltd is not liable to the customer for any indirect, special or consequential loss or damage suffered or incurred by the customer arising out of a breach by Crepe Café Franchising Pty Ltd of any contract made pursuant to these Conditions or a negligent act or omission of Crepe Café Franc hising Pty Ltd or a breach of a statutory duty or obligation by Crepe Café Franchising Pty Ltd. The phase “indirect, special or consequential loss or damage” is deemed to include the following: economic loss, loss of opportunity, loss of profit or revenue, loss or damage in connection with claims against the customer by third parties, liquidated sums or liquidated damages.
The parties agree that this clause has been brought to the attention of the customer.